THE UN HUMAN RIGHTS COUNCIL MUST ENSURE CONTINUED AND ENHANCED MONITORING AND REPORTING ON THE HUMAN RIGHTS CRISIS IN NICARAGUA - Amnesty ...
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Amnesty International HRC briefing paper on Nicaragua (February 2020)
AI Index: IOR 40/1785/2020
10 February 2020
THE UN HUMAN RIGHTS COUNCIL MUST ENSURE CONTINUED AND
ENHANCED MONITORING AND REPORTING ON THE HUMAN RIGHTS
CRISIS IN NICARAGUA
Amnesty International welcomed1 the adoption of United Nations (UN) Human
Rights Council (HRC) resolution 40/2 on the promotion and protection of human
rights in Nicaragua, and the subsequent report by the Office of the High
Commissioner for Human Rights (OHCHR), presented to the HRC during its 42nd
session.2 Action by the HRC followed Nicaragua’s refusal to cooperate with regional
human rights mechanisms, and a damning report by the Interdisciplinary Group of
Independent Experts (GIEI)3 that concluded that the authorities had perpetrated
actions amounting to crimes against humanity, including murder, arbitrary
deprivation of liberty and persecution.4
Despite UN and regional efforts to address the crisis, the situation on the ground
remains dire. The government continues to refuse to cooperate with the regional
and international human rights mechanisms to address the crisis and serious human
rights violations including arbitrary detentions, unfair trials, justice denial,
obstacles to freedom of expression, association and peaceful assembly continue
unabated. Not only have there been no meaningful investigations into allegations of
serious violations and abuses by police or pro-government armed groups in the
context of the protests – violations documented extensively by GIEI, the Inter-
American Commission on Human Rights (IACHR) and OHCHR as well as local and
international NGOs – but families of victims have reported intimidation and
surveillance.
In this context, it is essential that the HRC responds robustly to the findings of the
report presented to it by the High Commissioner in September 2019, and that it
ensures ongoing and further enhanced monitoring and reporting on the crisis as
requested in that report.
This briefing document provides an overview of the situation, and why robust,
continued engagement by the HRC is critical to addressing the crisis.
1
Amnesty International, Nicaragua: UN Human Rights Council takes important step to address human rights crisis, 21 March
2019, available at: https://www.amnesty.org/en/latest/news/2019/03/nicaragua-importante-medida-del-consejo-de-derechos-
humanos/, and Amnesty International, Human Rights Council must respond to gravity of OHCHR report on Nicaragua, 10
September 2019, available at: https://www.amnesty.org/en/documents/amr43/0996/2019/en/.
2
UNHRC, Report of the United Nations High Commissioner for Human Rights: Situation of human rights in Nicaragua
(A/HRC/42/18), 3 September 2019, available at:http://www.oacnudh.org/wp-content/uploads/2019/09/A_HRC_42_18_EN.pdf
3
A mechanism established by the IACHR in agreement with the Nicaraguan Government to investigate violent acts committed
between April and May 2018.
4
GIEI-Nicaragua, Report on the violent events that took place between April 18th and May 30th 2018, December 2018, available
at: https://gieinicaragua.org/giei-content/uploads/2019/05/GIEI_REPORT_ENGLISH_simplepage.pdf.
1Amnesty International HRC briefing paper on Nicaragua (February 2020)
TWO YEARS OF HUMAN RIGHTS CRISIS IN NICARAGUA
2018
In two reports published in 2018,5 Amnesty International documented how the
Nicaraguan authorities used pro-government armed groups, making deliberate and
generalized use of lethal force to deal with protesters in an indiscriminate,
excessive, and disproportionate way. This included machine guns, AK-style rifles
and sniper rifles. Amnesty International documented the generalized use of pro-
government armed groups by the National Police and the commission of arbitrary
detentions as a means of stifling protest.
Amnesty International’s research also found that state authorities have used torture
as a means of punishment and to obtain information about how protests were
organized and who led them. Likewise, numerous detentions in violation of
international law were used as a tactic to break up protests. Between the start of
the crisis and 25 July 2018, more than 1,900 people were detained and over 400
remained in detention without formal charges.6
Amnesty International believes that the crimes under international law and grave
human rights violations committed in Nicaragua since the start of the protests were
not only committed with the state’s authorities’ knowledge, but often under the
direction and authority of the highest levels of government. In fact, the GIEI
concluded in its 2019 report that the government of President Ortega has
committed crimes against humanity.7
2019
Nicaragua’s worst human rights crisis in decades is continuing. During 2019 there
were continuing reports of torture and other cruel, inhuman or degrading treatment
of prisoners detained in the context of the protests, arbitrary detentions and
restrictions to the exercise of freedom of expression, peaceful assembly and
association – just as we saw in 2018. The Nicaraguan authorities have continued
to target journalists, human rights defenders and local NGOs, which has led to a
further significant restriction of civic space.8
Between the beginning of the crisis and December 2019, at least 328 people had
been killed, primarily by state security forces and pro-government armed groups.
Some of these deaths appear to be extrajudicial executions – a crime under
international law. In 2019, local organizations also reported possibly targeted
killings of campesinos (peasant farmers) and noted an increase in the levels of
violence in rural areas, which coincides with the presence of pro-government armed
groups in these areas.9 In May 2019, a policeman shot and killed a 57-year-old
detainee, Eddy Montes, following a protest at La Modelo prison. At least 11 other
5
Amnesty International, Shoot to kill: Nicaragua's strategy to repress protest, 29 May 2018, , available at
https://www.amnesty.org/es/documents/amr43/8470/2018/en/, and Amnesty International, Instilling terror: From lethal force to
persecution in Nicaragua, 18 October 2018, available at https://www.amnesty.org/en/documents/amr43/9213/2018/en/
6
CENIDH, Report No. 5. pp. 3 and 19.
7
GIEI-Nicaragua, Report on the violent events that took place between April 18th and May 30th, 2018, December 2018.
8
UNHRC, Situation of human rights in Nicaragua Report of the United Nations High Commissioner for Human Rights
(A/HRC/42/18), 3 September 2019, para. 62.
9
CENIDH, Human Rights in Nicaragua, Bimonthly report July-August 2019. p. 7 (Spanish only), and AMS-OSC, Report on
human rights violations in Nicaragua focusing on rural areas, political prisoners and extrajudicial executions, between January
and July 2019, August 2019 (Spanish only).
2Amnesty International HRC briefing paper on Nicaragua (February 2020)
detainees and six police officers were injured during this protest. Although the
authorities claimed that Eddy Montes had attempted to steal an officer’s gun, the
OHCHR reported receiving information indicating that he was shot from a distance
of approximately four meters.10
As in 2018, Amnesty International continued to document the arbitrary and
unlawful detention of protesters throughout 2019. Despite a commitment by the
Government in March 2019 to release all those detained during the protests,11 local
groups estimate that at least 65 such detainees remain in prison.12
Even for those released, concerns remain. Local groups and experts recently stated
before the IACHR that those released do not enjoy unconditional freedom or
personal security as their cases have not been conclusively dismissed or
permanently closed by judicial authorities. Rather, when their cases are archived,
many former detainees retain the status of “accused”, which creates uncertainty
with regards to their legal status and negatively impacts their daily life. Moreover,
they stated that the amnesties issued by the courts (pursuant to the controversial
Amnesty Law passed by the Nicaraguan National Assembly on 8 June 201913) do
not constitute a final dismissal of the case, and therefore do not render the charges
against them res judicata (a matter already judged). Before the IACHR, the local
groups and experts demanded that the authorities ensure that former detainees
enjoy “definitive, secure freedom that is guaranteed”.14 Furthermore, as noted in
the OHCHR report, the “non-recurrence clause” in the Amnesty Law may pose a
risk to the freedom of demonstrators who have been released. According to the law,
people released “must refrain from perpetrating new acts that involve repeated
behaviours that resulted in the crimes referred to herein”.15
Amnesty International and local NGOs have also identified the intimidation and
harassment of government opponents and former detainees as a defining
characteristic of the current state repression.16 This intimidation includes
continuous police surveillance of people's homes; short-term detention; verbal
threats from police officers; people's homes being daubed with threats or abuse;
and attacks or damage to people's property or sources of income.17 The IACHR has
expressed concern over the increased harassment of those who have been released
10
UNHRC, Report of the United Nations High Commissioner for Human Rights: Situation of human rights in Nicaragua
(A/HRC/42/18), 3 September 2019, para. 32.
11
For more information, see: https://www.alianzacivicanicaragua.com/acuerdo-para-la-facilitacion-del-proceso-de-liberacion-de-
personas-privadas-de-libertad-de-conformidad-al-ordenamiento-juridico-del-pais-y-las-respectivas-obligaciones-internacionales-
de-nicaragua-en/, (Spanish only).
12
IACHR, The IACHR condemns the persecution of the victims of repression in Nicaragua and calls on the State to avoid
revictimization and to promote truth, justice, reparation and non-repetition measures, 19 November 2019.
13
On 8 June 2019, the Nicaraguan National Assembly passed the Amnesty Law (Law 996) “to benefit those who were involved
in acts of violence and crimes linked to the failed coup d'etat by sections of the opposition” [“que beneficiará a aquellos que se
vieron involucrados en actos de violencia y crímenes vinculados a los actos relacionados al fallido Golpe de Estado perpetrado por
sectores de oposición”].
14
Hearing before the IACHR, Amnesty Law in Nicaragua, 11 November 2019.
15
National Assembly of the Republic of Nicaragua, Amnesty Law (Law 996), Article 3 – Non-recurrence, 8 June 2019.
16
CENIDH, ‘Human Rights in Nicaragua, Bimonthly Report’, July/August 2019, p.16, (Spanish only).
17
References to these acts of harassment and harassment can be found in OHCHR, ‘Monitoring the human rights situation in
Nicaragua, Bulletins Nos. 10 and 12’; CENIDH, ‘Human Rights in Nicaragua, Bimonthly Report’, July-August 2019; and IACHR,
‘Bulleting of the Special Monitoring Mechanism for Nicaragua, September 2019.
3Amnesty International HRC briefing paper on Nicaragua (February 2020)
from prison and their families,18 and in 2019 has granted precautionary measures
in favour of former detainees in at least seven cases.19
Additionally, measures to prevent protests continue to limit freedom of expression
and the right to peaceful assembly. In October 2018, the National Police stated
that any public protests must have the prior authorization from police authorities.20
In that context, local organizations have reported that peaceful demonstrations have
been consistently and systematically denied authorization.21 Amnesty International
have noted an excessive and intimidatory police presence deployed during protests
and religious celebrations and that any spontaneous or improvised protests have
been repressed.22
Members of civil society organizations continue to be threatened, intimidated and
harassed on a daily basis, as a result of being perceived opponents to the
government.23 Since December 2018, the Nicaraguan authorities have intensified
the repression of civil society organizations and the media, withdrawing the legal
status of nine organizations, raiding their premises and seizing their assets.24 To
date, the legal registration has not been restored. In October 2019, the Inter-
American Court of Human Rights granted provisional measures to members of two
local NGOs and called on the state to adopt the necessary measures to effectively
protect the life and physical integrity of the members of both organizations.25
According to the United Nations High Commissioner for Refugees (UNHCR), more
than 88,000 Nicaraguans have been forced to leave the country as a result of the
crisis.26 For example, Francisca Ramírez, a campesino leader and renowned
Nicaraguan human rights defender, fled to Costa Rica over a year ago after receiving
threats. OHCHR has reported that over 100 journalists and media workers have had
to leave the country.27 Among them is Lucía Pineda Ubau, a journalist with the
media outlet 100% Noticias, who fled for Costa Rica immediately following her
release from prison in June 2019, after almost six months in arbitrary detention.
Local NGOs and media outlets reported that some of those who had returned from
exile had been subjected to harassment by the authorities and pro-government
groups.28
18
IACHR, IACHR speaks out against ongoing repression in Nicaragua and expresses its concern at increased harassment of
human rights defenders and people who have been released from prison, 6 September 2019.
19
Cases included: Resolution 52/2019, Resolution 61/2019, Resolution 62/19, Resolution 46/19, Resolution 45/19, Resolution
5/19 and Resolution 37/19.
20
See, National Police Press Statement No. 116-2018, 13 October 2018 (Spanish only).
21
OHCHR, ‘Monitoring the human rights situation in Nicaragua, Monthly Bulletin No. 12’, August-September 2019, p.7.
22
Amnesty International, Nicaragua: Still governing by repression a year after crisis began, 25 April 2019.
23
For example, recently the IACHR grant precautionary measures in favor of 17 women human rights defenders. See: IACHR,
resolution60/2019.
24
IACHR, “IACHR denounces aggravation of the repression and the closure of democratic spaces in Nicaragua” (December 19,
2018).
25
Inter-American Court Human Rights, Matter of the Nicaraguan Centre for Human Rights and the Permanent Commission of
Human Rights (CENIDH-CPDH) regarding Nicaragua, Provisional Measures, Order of the Inter-American Court of Human Rights,
14 October 2019.
26
UNHCR, Displacement in Central America, available at: https://www.acnur.org/desplazamiento-en-centroamerica.html
27
UNHRC, Situation of human rights in Nicaragua Report of the United Nations High Commissioner for Human Rights
(A/HRC/42/18), 3 September 2019.
28
OHCHR, ‘Monitoring the human rights situation in Nicaragua, Monthly Bulletin No. 12’, August-September 2019, pp. 8 and 9.
4Amnesty International HRC briefing paper on Nicaragua (February 2020)
THE NICARAGUAN AUTHORITIES REMAIN UNACCOUNTABLE AND HAVE NOT
GUARANTEED ACCESS TO JUSTICE, TRUTH AND REPARATION
Victims of human rights violations and crimes under international law committed in
the context of the crisis have no access to justice, truth and reparation at national
level. Local NGOs reported to Amnesty International that despite the serious
allegations of violations and abuses committed by police or pro-government armed
groups, currently there is no one under serious and impartial investigation or under
arrest.
As noted in the GIEI report, the criminal justice system has not only failed to pursue
accountability for the violations but has “played an additional role in the scheme of
human rights violations observed in Nicaragua, through the criminalization of
civilians who participated in the protests.”29
Not only has there been no justice for victims, but relatives of those who have been
killed in the context of the crisis reported to the IACHR that they have been targeted
with “intimidatory surveillance seeking to prevent them from engaging in public and
private actions to commemorate their loved ones and demand justice”.30
Human rights groups and local organizations have expressed serious concerns over
the Amnesty Law, which endangers victims’ right to an effective remedy. Both the
OHCHR31 and IACHR have voiced their concerns over this law, which the IACHR
has noted “may result in grave, widely documented human rights violations going
unpunished."32
Meanwhile, there is no longer an A-status National Human Rights Institution (NHRI)
in the country. The Procuraduría para la Defensa de los Derechos Humanos was
downgraded to B status in March 2019,33 due to concerns that it was “not prepared
to adequately speak out in a manner that promotes respect for all human rights,
including in response to credible allegations of serious human rights violations
having been committed by government authorities.”34
NICARAGUAN AUTHORITIES CONTINUE TO REFUSE TO COOPERATE WITH
REGIONAL OR INTERNATIONAL MONITORING MECHANISMS TO ADDRESS THE
HUMAN RIGHTS CRISIS IN THE FACE OF SIGNIFICANT CONCERNS
The authorities have continued to refuse to cooperate with the regional and UN
human rights mechanisms to address the crisis.
Regional level
In 2018, the IACHR formally established two mechanisms to monitor and
29
GIEI-Nicaragua, “Report on the violent events that took place between April 18th and May 30th 2018,” December 2018, p.5.
30
IACHR, press release, 19 November 2019.
31
UNHRC, Situation of human rights in Nicaragua Report of the United Nations High Commissioner for Human Rights
(A/HRC/42/18), 3 September 2019.
32
IACHR, press release, 12 June 2019.
33
GANHRI, Chart of the status of national institutions, November 2019.
34
GANHRI Subcommittee on Accreditation Report-May 2018 p. 28, available at
https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/SCA%20Report%20May%202018-Eng.pdf.
5Amnesty International HRC briefing paper on Nicaragua (February 2020)
investigate the human rights situation in agreement with the Nicaraguan
government: The Special Monitoring Mechanism for Nicaragua (MESENI) and the
GIEI. In December 2018, Nicaragua expelled both the MESENI and GIEI from
Nicaragua, a day before GIEI´s report was due to be released. Following their
expulsion from the country GIEI released their report concluding that the authorities
had perpetrated actions amounting to crimes against humanity, including murder,
arbitrary deprivation of liberty and persecution.35
Following a resolution adopted by the General Assembly of the Organization of
American States (OAS) in June 2019,36 the Permanent Council appointed, in
August 2019, a Commission to address the political and social crisis in Nicaragua.37
In September 2019, the government denied the Commission on Nicaragua access
to the country.38 Despite the refusal of the government of Nicaragua to meet the
Commission, the Commission was able to submit a report as mandated. After
receiving numerous testimonies that reported ongoing harassment and intimidation
suffered by those perceived as government opponents, arbitrary detentions,
inhuman treatment and restrictions to the exercise of political rights and freedom
of expression; the Commission concluded that “Nicaragua is experiencing a critical
human rights situation that urgently demands the attention of the Inter-American
community and the world at large”.39
International level
In August 2018, the OHCHR team on the ground was expelled from Nicaragua the
day after they published a report on the patterns of human rights violations and
abuses committed in the country.40 In 2019, the OHCHR continued to be barred
from monitoring the human rights situation from the ground.41 The OHCHR Regional
Office for Central America has therefore had to continue their monitoring of the
human rights situation remotely.
The OHCHR report to the HRC in September 2019 noted the authorities’ continued
denial of responsibility for the serious violations and abuses that have been
documented, reporting that they “have instead blamed social and opposition
leaders, human rights defenders and demonstrators for what they call the “coup-
related violence” and the negative impact on the country’s economy.”42 The
government’s continued refusal to engage in dialogue and cooperation to address
the human rights crisis was clearly evidenced by stating that the report, conclusions
and recommendations of the OHCHR were intended to continue a smear campaign
against the legitimately constituted government and to facilitate political sanctions
35
GIEI-Nicaragua, “Report on the violent events that took place between April 18th and May 30th 2018,” December 2018.
36
OAS GA, The Situation in Nicaragua AG/RES.2943 (XLIX-O/19), June 28, 2019, pp. 169-173.
37
OAS Permanent Council, Resolution on the Appointment of a Commission on Nicaragua (CP/RES. 1135/19), August 28,
2019, available at: http://scm.oas.org/doc_public/english/hist_19/cp41406e03.doc
38
Amnesty International, ‘Nicaragua: OAS member states must continue to work tenaciously against repression’, 1 October
2019.
39
OAS High Level Commission on Nicaragua, Report of the OAS High-Level Commission on Nicaragua, November 19, 2019.
40
OHCHR, Press briefing note on Libya, Nicaragua, Malawi and Guatemala, 4 September 2018, available at:
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23497&LangID=E.
41
UNHRC, Situation of human rights in Nicaragua Report of the United Nations High Commissioner for Human Rights
(A/HRC/42/18), 3 September 2019, para. 2.
42
UNHRC, Situation of human rights in Nicaragua Report of the United Nations High Commissioner for Human Rights
(A/HRC/42/18), 3 September 2019, para. 60.
6Amnesty International HRC briefing paper on Nicaragua (February 2020)
and measures against the Nicaraguan people.43
Nicaragua has not allowed access to the Special Procedures since a visit by the
Special Rapporteur on the right to food in 2009. Six Special Procedure mandates
have requested access since 2016, including the Working Group on arbitrary
detention and the Special Rapporteur on the rights to freedom of peaceful
assembly, but have been unable to carry out visits.44 Nicaragua has also failed to
respond to the vast majority of communications sent by the Special Procedures.45
Moreover, the government rejected 124 of the 259 recommendations made to them
during their Universal Periodic Review (UPR) in 2019, including at least 100
recommendations related to the human rights crisis.46
THE HUMAN RIGHTS COUNCIL MUST ENSURE CONTINUED AND ENHANCED
MONITORING AND REPORTING ON THE HUMAN RIGHTS CRISIS IN NICARAGUA
In light of the lack of options at national and regional levels for an effective remedy,
the continued refusal of the authorities to cooperate with regional and international
human rights mechanisms, and the continued gravity of the situation on the ground,
it is vital that the HRC keeps the human rights crisis in Nicaragua firmly on its
agenda.
While Amnesty International considers a more robust investigative mechanism may
be warranted, at minimum the HRC should renew the monitoring and reporting
mandate established by resolution 40/2, and further “enhance its monitoring,
documentation, analysis, and public reporting” capacity, as recommended in the
OHCHR report, “notably as a contribution to ensuring accountability, and to support
the rule of law and security sector reforms.”47
A resolution would also provide an important opportunity to follow up key
recommendations to the government to resolve the human rights crisis, including
by urging them to:
o Dismantle and disarm pro-government armed groups and ensure that the police
forces act in accordance with the principles of legitimate, proportionate and
necessary use of force in the context of protests and refrain from carrying out
acts that may constitute torture or other ill-treatment;
o Put an end to the strategy of repression, including arbitrary detention of people
involved in anti-government protests;
o Immediately release all people detained for peacefully exercising their basic
rights and drop all charges against them;
o Guarantee the rights to freedom of expression and of assembly, and refrain from
stigmatization and criminalization of protesters;
o Take immediate action to end the attacks on civil society organizations and the
43
UNHRC, Note verbale dated 2 September 2019 from the Permanent Mission of Nicaragua to the United Nations Office at
Geneva addressed to the Office of the United Nations High Commissioner for Human Rights (A/HRC/42/G/2), 17 September
2019, available at: https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/275/03/PDF/G1927503.pdf?OpenElement
44 OHCHR, View Country visits of Special Procedures of the Human Rights Council since 1998, available at:
https://spinternet.ohchr.org/ViewCountryvisits.aspx?visitType=pending&lang=en
45
More information at: OHCHR, Communication report and search, https://spcommreports.ohchr.org/TmSearch/Results?page=2
46
HRC, Report of the Working Group on the Universal Periodic Review- Nicaragua. (A/HRC/42/16/Add.1), Addendum*, 13
September 2019.
47
UNHRC, Report of the United Nations High Commissioner for Human Rights: Situation of human rights in Nicaragua (UN Doc.
A/HRC/42/18), 3 September 2019, para. 67n.
7Amnesty International HRC briefing paper on Nicaragua (February 2020)
media;
o Facilitate, as a matter of priority, the visits requested by the UN Special
Rapporteur on the freedom of assembly, the Working Group on Arbitrary
Detention, and the Working Group on Enforced and Involuntary
Disappearances;
o Fully cooperate with international and regional human mechanisms, including
by fully implementing the recommendations of, and allowing full and
unfettered access to, OHCHR and IACHR.
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